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Grant v Grant. [1669] Mor 11717 (28 July 1669)
URL: http://www.bailii.org/scot/cases/ScotCS/1669/Mor2811717-045.html Cite as:
[1669] Mor 11717
Power, - Duty, - Liability of Magistrates relative to Prisoners.
Grant v. Grant
Date: 28 July 1669 Case No. No 45.
Prisoner for a crime may be arrested for a civil debt.
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One Grant being imprisoned in the tolbooth of Nairn for a riot, was arrested for a civil debt, whereupon he craved to be set at liberty, pretending, that only prisoners arrested for debt could be arrested by creditors, and that he had satisfied for the riot. The Lords did refuse the desire, and found no difference betwixt imprisonments for civil debt, and for a riot or crime; but upon sufficient caution did grant suspension.
Fol. Dic. v. 2. p. 169. Gosford, MS. No 197. p. 79.